A Canadian visitor accused of taking a flamingo from a Las Vegas Strip resort has told the court he never meant to cause harm, describing the bizarre incident as a drunken prank after consuming an estimated 30 to 40 beers.
Mitchell Fairbairn, 34, gave evidence in his own defense on Friday as proceedings continued in the case involving the alleged theft and mistreatment of Peachy, a Chilean flamingo kept at the Flamingo Las Vegas wildlife habitat.
When his lawyer asked whether he had intended to hurt the bird, Fairbairn answered, “No.” He likewise rejected any suggestion that he planned to kill Peachy.
During cross-examination, however, the Ontario businessman admitted that security video showing the incident “doesn’t look good” and accepted that the flamingo had suffered injuries.
“I’m taking responsibility,” Fairbairn said, although he maintained that he had “no idea” how Peachy ended up missing some feathers.
Fairbairn, who is married and has three children, said he had been in Las Vegas for ConExpo, a major international construction trade show, where he was representing Canada. He told the court that his upbringing on farms had given him considerable experience handling animals.
He added that he has dogs and a parrot called Sonny, and has previously taken in an abandoned llama as well as six ducks.
Fairbairn said he had been uncertain about making the Nevada trip after his father was diagnosed with cancer in December 2025, telling jurors he had been “on the fence about coming at all.”
Mitchell Fairbairn, 34, testified in his animal cruelty trial and repeatedly said he never intended to injure Peachy the flamingo when he carried the bird to his hotel room on March 3
The Ontario businessman said he had consumed between 30 and 40 beers before entering the Flamingo hotel’s wildlife habitat at about 5am and removing a flamingo from the enclosure
Fairbairn acknowledged that the flamingo was injured but said he did not know how it had lost its feathers. The incident allegedly took place at the Flamingo Las Vegas Hotel and Casino
CCTV footage appears to show a shirtless Fairbairn handling the bird by its neck and legs
He told the court that he spent March 2 drinking and gambling, estimating that he had downed 30 to 40 beers before reaching the Flamingo’s animal habitat at roughly 5am the next day.
Fairbairn said he was intoxicated, exhausted and speaking on the phone when he entered the enclosure after believing one bird’s wings looked uneven. He acknowledged that he should never have gone inside.
According to his testimony, he first sat near another flamingo before lifting Peachy so he could take a picture as part of what he described as a “silly pranky joke.”
He said the bird remained in his room for only “two or three minutes” before he placed it in the hallway. Fairbairn testified that police arrested him while he was changing clothes and preparing to take Peachy back.
Jurors challenged his account of why he entered the habitat, questioning how he could have identified uneven wings while the flamingos were at rest.
Fairbairn responded that, from his position, one wing appeared to sit higher than the other. He agreed, however, that a sleeping flamingo with its head tucked under its wings might give the same impression.
Asked whether he had noticed blood or other signs of injury on his shirt or on the wall while handling Peachy, Fairbairn said he had not. He continued to insist that the bird appeared unharmed when he took it from the enclosure.
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He confirmed that he moved through bushes with the flamingo and removed his shirt to wrap around the bird as he left the habitat, saying he wanted to prevent the other flamingos from becoming frightened.
Police said they later found a ‘large bloody feather’ while animal control claims Peachy has suffered a wing injury due to the wing being ‘pulled’ from its body
He admitted the bird was hurt but insisted he did not know how it lost its feathers. Closing arguments are expected on Monday before the jury begins deliberations
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In another exchange, a juror asked what Fairbairn would expect police to do if someone entered his farm and injured one of his animals.
He said he would expect a proper investigation to establish whether the person who took the animal was responsible for harming it.
Asked whether being intoxicated excused hurting a person or an animal, he replied: ‘No.’
Fairbairn also said he had been on house arrest since the incident and had been unable to return to Canada.
The case stems from the March 3 incident, when police allege Fairbairn entered the hotel’s wildlife habitat and removed Peachy. Investigators previously said surveillance footage showed him carrying the flamingo through the hotel wrapped in a shirt.
The tourist later admitted to trespassing into the flamingo habitat after seeing a bird in distress, and claimed that he had ‘popped’ the animal’s wing into place.
Police said: ‘He stated he knows that ‘popping’ the wing back into its place [is] a common practice for birds, such as ducks. He has knowledge of his because he is a farm boy.’
Police also alleged that photographs and videos recovered from his phone showed him aggressively choking the bird and throwing it to the floor. In one clip, he reportedly laughed while saying he was ‘taking the bird home’.
Investigators said they found a ‘large bloody feather’ in his hotel room, while animal control officials reported that Peachy suffered a wing injury requiring stitches. Authorities also alleged that other birds were injured during the incident.
Fairbairn faces four felony counts relating to the alleged torture, maiming or killing of animals kept for companionship or pleasure. The allegations have yet to be resolved by the jury.
Caesars Entertainment, which owns the Flamingo hotel, previously described the incident as ‘deeply distressing’, saying Peachy and the other birds were receiving care from veterinarians and the hotel’s animal care team.
The trial is due to resume on Monday morning, when lawyers will deliver closing arguments before jurors begin deliberating.
